Section 250-RICR-120-05-29.15 - Changes at a Permitted Facility That Do Not Require a Permit Revision29.15.142 U.S.C. § 7661(a)(b)(10) (CAA § 502(b)(10)) ChangesA. No permit revision is necessary for 42 U.S.C. § 7661(a)(b)(10) (CAA § 502(b)(10)) changes within a permitted facility, if the changes are not modifications under any provision of 42 U.S.C. §§ 7401-7431 (CAA §§ 101-131), 42 U.S.C. §§ 7470-7492 (CAA §§ 160-169b), or 42 U.S.C. §§ 7501-7515 (CAA §§ 171-193) and the changes do not exceed the emissions allowable under the permit, whether expressed therein as a rate of emissions or in the terms of total emissions, and provided that notice is provided to the Office of Air Resources as set forth below: 1. For each such change, the stationary source shall provide the Office of Air Resources and EPA with a minimum of fourteen (14) days written notification in advance of the proposed changes. The notice must be received by the Office of Air Resources no later than fourteen (14) days in advance of the proposed changes. The stationary source, the Office of Air Resources and the EPA shall attach each such notice to their copy of the relevant permit.2. For each such change, the written notification required above shall include information describing the nature of the change, the effect of the change on the emission of any air contaminant, the scheduled completion date of the planned change and any permit term or condition that is no longer applicable as a result of the change.B. A stationary source shall be allowed to make such change proposed in its notice the day following the last day of the advance notice described in § 29.15.1 of this Part if the Office of Air Resources has not responded nor objected to the proposed change on or before that day.C. The permit shield shall not apply to any changes made pursuant to § 29.15.1 of this Part. If subsequent changes cause the stationary source's operations and emissions to revert to those anticipated in the operating permit, the permittee resumes compliance with the terms and conditions of the permit, and has provided the Office of Air Resources and EPA with a minimum of fourteen (14) days advance notice of such changes in accordance with the provisions of § 29.15.1(A)(1) of this Part the permit shield may be reinstated in accordance with terms and conditions stated in the operating permit.D. Changes made pursuant to § 29.15.1 of this Part shall be incorporated into the operating permit at the time of renewal.29.15.2Off Permit ChangesA. No permit revision shall be necessary for changes within a permitted facility, not otherwise addressed or prohibited in the permit. This provision shall not apply to modifications under any provision of 42 U.S.C. §§ 7401-7431 (CAA §§ 101-131), 42 U.S.C. §§ 7470-7492 (CAA §§ 160-169b), or 42 U.S.C. §§ 7501-7515 (CAA §§ 171-193) or if such changes are subject to requirements of 42 U.S.C. §§ 7651-7651o (CAA §§ 401-416). Changes made pursuant to § 29.15.2 of this Part shall not be exempt from the requirement to obtain a minor source permit pursuant to the requirements of Part 9 of this Subchapter (Air Pollution Control Permits).B. Each such change shall meet all applicable requirements and shall not violate any existing permit term or condition.C. The stationary source must provide concurrent written notice to the Office of Air Resources and the EPA of each such change, except for changes that have been determined to be insignificant by the Office of Air Resources pursuant to regulation. Such written notice shall describe each such change, including the date, and change in emissions, pollutants emitted, and any applicable requirement that would apply as a result of the change.D. The permit shield shall not apply to any such change made pursuant to § 29.15.2 of this Part.E. The stationary source shall keep a record describing changes made at the stationary source that result in emissions of a regulated air pollutant subject to an applicable requirement, but not otherwise regulated under the permit, and the emissions resulting from those changes, including any other data necessary to show compliance with applicable ambient air quality standards.F. Changes made pursuant to § 29.15.2 of this Part shall be incorporated into the operating permit at the time of renewal.29.15.3Emission Trading Allowed Under the SIPA. No permit revision shall be necessary for a permitted stationary source to trade increases and decreases in emissions in the permitted facility, where the RI State Implementation Plan provides for such trades without requiring a permit revision and based on the notice provided in § 29.15.3(A)(1) of this Part. This provision is available in those cases where the permit does not already provide for such emissions trading. Notice shall be provided to the Office of Air Resources as set forth below: 1. For each such change, the stationary source shall provide the Office of Air Resources and EPA with a minimum of twenty (20) days written notification in advance of the proposed trades. The notice must be received by the Office of Air Resources no later than twenty (20) days in advance of the proposed trades. The stationary source, the Office of Air Resources and the EPA shall attach each such notice to their copy of the relevant permit.2. For each such trade, the written notification required in § 29.15.3(A)(1) of this Part shall include information as may be required by the provision in the RI State Implementation Plan authorizing the emissions trade, including at a minimum, when the proposed trade will occur, a description of each trade, any change in emissions that will result, the permit requirements with which the stationary source will comply using the emissions trading provision of the RI State Implementation Plan, and the pollutants emitted subject to the trade. The notice shall also refer to the provisions with which the stationary source will comply in the RI State Implementation Plan and that provide for the trade.B. A stationary source shall be allowed to make such trade proposed in its notice the day following the last day of the advance notice described in § 29.15.3 of this Part if the Office of Air Resources has not responded nor objected to the proposed trade on or before that day.C. The permit shield shall not apply to any changes made pursuant to § 29.15.3 of this Part. If subsequent changes cause the stationary source's operations and emissions to revert to those anticipated in the operating permit, the permittee resumes compliance with the terms and conditions of the permit, and has provided the Office of Air Resources and EPA with a minimum of twenty (20) days advance notice of such changes in accordance with the provisions of § 29.15.3(A)(1) of this Part the permit shield may be reinstated in accordance with terms and conditions stated in the operating permit.29.15.4Emission Trading Under an Emissions CapA. No permit revision shall be necessary for the trading of emissions increases and decreases in a permitted facility solely for the purpose of complying with a federally enforceable emissions cap that is established in the permit independent of otherwise applicable requirements consistent with § 29.10.6(F)(1)(c) of this Part. Notice shall be provided to the Office of Air Resources as set forth below: 1. For each such change, the stationary source shall provide the Office of Air Resources and EPA with a minimum of twenty (20) days written notification in advance of the proposed trades. The notice must be received by the Office of Air Resources no later than twenty (20) days in advance of the proposed trades. The stationary source, the Office of Air Resources and the EPA shall attach each such notice to their copy of the relevant permit.2. For each such trade, the written notification required above shall state when the change will occur and shall describe the changes in emissions that will result and how these increases and decreases in emissions will comply with the terms and conditions of the permit.B. A stationary source shall be allowed to make such trade proposed in its notice the day following the last day of the advance notice described in § 29.15.4 of this Part if the Office of Air Resources has not responded nor objected to the proposed trade on or before that day.C. The permit shield shall not apply to any changes made pursuant to § 29.15.4 of this Part.D. Prior to the issuance of a stationary source's initial operating permit, the stationary source can make any modifications and commence operation immediately after obtaining all preconstruction permits required pursuant to Part 9 of this Subchapter (Air Pollution Control Permits).250 R.I. Code R. 250-RICR-120-05-29.15
Adopted effective 1/10/2019
Amended effective 4/9/2024